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CONSTITUTION
OF
THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE
TIMOR-LESTE
______________________________________________________
INDEX
Preamble
PART I
FUNDAMENTAL PRINCIPLES
Sections
1 The Republic
2 Sovereignty and constitutionality
3 Citizenship
4 Territory
5 Decentralisation
6 Objectives of the State
7 Universal suffrage and multi-party system
8 International relations
9 International law
10 Solidarity
11 Valorisation of Resistance
12 State and religious denominations
13 Official languages and national languages
14 National symbols
15 National flag
PART II
FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES
TITLE I
GENERAL PRINCIPLES
16 Universality and equality
17 Equality between women and men
18 Child protection
19 Youth
20 Senior citizens
21 Disabled citizen
22 East Timorese citizens overseas
23 Interpretation of fundamental rights
24 Restrictive laws
25 State of exception
26 Access to courts
27 Ombudsman
28 Right to resistance and self-defence
TITLE II
PERSONAL RIGHTS, LIBERTIES AND GUARANTEES
29 Right to life
30 Right to personal freedom, security and integrity
31 Application of criminal law
32 Limits on sentences and security measures
33 Habeas Corpus
34 Guarantees in criminal proceedings
35 Extradition and expulsion
36 Right to honour and privacy
37 Inviolability of home and correspondence
38 Protection of personal data
39 Family, marriage and maternity
40 Freedom of speech and information
41 Freedom of the press and mass media
42 Freedom to assemble and demonstrate
43 Freedom of association
44 Freedom of movement
45 Freedom of conscience, religion and worship
46 Right to political participation
47 Right to vote
48 Right to petition
49 Defence of sovereignty
TITLE III
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES
50 Right to work
51 Right to strike and prohibition of lock-out
52 Trade union freedom
53 Consumer rights
54 Right to private property
55 Obligations of the taxpayer
56 Social security and assistance
57 Health
58 Housing
59 Education and culture
60 Intellectual property
61 Environment
PART III
ORGANISATION OF POLITICAL POWER
TITLE I
GENERAL PRINCIPLES
62 Source and exercise of power
63 Participation by citizens in political life
64 Principle of renewal
65 Elections
66 Referendum
67 Organs of sovereignty
68 Incompatibilities
69 Principle of separation of powers
70 Political parties and right of opposition
71 Administrative organisation
72 Local government
73 Publication of legislation and decisions
TITLE II
PRESIDENT OF THE REPUBLIC
CHAPTER I
STATUS, ELECTION AND APPOINTMENT
74 Definition
75 Eligibility
76 Election
77 Inauguration and swearing-in
78 Incompatibilities
79 Criminal liability and constitutional obligations
80 Absence
81 Resignation of office
82 Death, resignation or permanent disability
83 Exceptional cases
84 Replacement and interim office
CHAPTER II
COMPETENCIES
85 Competencies
86 Competencies with regard to other organs
87 Competencies with regard to international relations
88 Promulgation and veto
89 Powers of an interim President of the Republic
CHAPTER III
COUNCIL OF STATE
90 Council of State
91 Competencies, organisation and functioning of the Council of State
TITLE III
NATIONAL PARLIAMENT
CHAPTER I
STATUS AND ELECTION
92 Definition
93 Election and composition
94 Immunities
CHAPTER II
COMPETENCE
95 Competence of the National Parliament
96 Legislative authorisation
97 Legislative initiative
98 Parliamentary appraisal of statutes
CHAPTER III
ORGANISATION AND FUNCTIONING
99 Legislative term
100 Dissolution
101 Attendance by members of the Government
CHAPTER IV
STANDING COMMITTEE
102 Standing Committee
TITLE IV
GOVERNMENT
CHAPTER I
DEFINITION AND STRUCTURE
103 Definition
104 Composition
105 Council of Ministers
CHAPTER II
FORMATION AND RESPONSIBILITY
106 Appointment
107 Responsibility of the Government
108 The Programme of the Government
109 Consideration of the Programme of the Government
110 Request for vote of confidence
111 Vote of no confidence
112 Dismissal of the Government
113 Criminal liability of members of Government
114 Immunity for members of the Government
CHAPTER III
COMPETENCIES
115 Competencies of the Government
116 Competencies of the Council of Ministers
117 Competencies of the members of Government
TITLE V
COURTS
CHAPTER I
COURTS, PUBLIC PROSECUTION AND LAWYERS
118 Jurisdiction
119 Independence
120 Review of unconstitutionality
121 Judges
122 Exclusiveness
123 Categories of courts
124 Supreme Court of Justice
125 Functioning and composition
126 Electoral and constitutional competence
127 Eligibility
128 Superior Council for the Judiciary
129 High Administrative, Tax and Audit Court
130 Military courts
131 Court hearings
CHAPTER II
PUBLIC PROSECUTION
132 Function and status
133 Office of the Prosecutor-General
134 Superior Council for the Public Prosecution
CHAPTER III
LAWYERS
135 Lawyers
136 Guarantees in the activity of lawyers
TITLE VI
PUBLIC ADMINISTRATION
137 Public Administration general principles
PART IV
ECONOMIC AND FINANCIAL ORGANISATION
TITLE I
GENERAL PRINCIPLES
138 Economic organisation
139 Natural resources
140 Investments
141 Land
TITLE II
FINANCIAL AND TAX SYSTEM
142 Financial system
143 Central Bank
144 Tax system
145 State Budget
PART V
NATIONAL DEFENCE AND SECURITY
146 Defence Force
147 Police and security forces
148 Superior Council for Defence and Security
PART VI
GUARANTEE AND REVISION OF THE CONSTITUTION
TITLE I
GUARANTEE OF THE CONSTITUTION
149 Anticipatory review of constitutionality
150 Abstract review of constitutionality
151 Unconstitutionality by omission
152 Appeals on constitutionality
153 Decisions of the Supreme Court of Justice
TITLE II
CONSTITUTIONAL REVISION
154 Initiative and time of revision
155 Approval and promulgation
156 Limits on matters of revision
157 Limits on time of revision
PART VII
FINAL AND TRANSITIONAL PROVISIONS
158 Treaties, agreements and alliances
159 Working languages
160 Serious crimes
161 Illegal appropriation of assets
162 Reconciliation
163 Transitional judicial organisation
164 Transitional competence of the Supreme Court of Justice
165 Previous law
166 National Anthem
167 Transformation of the Constituent Assembly
168 Second Transitional Government
169 Presidential election of 2002
170 Entry into force of the Constitution
PREAMBLE
Following the liberation of the Timorese People from colonisation and
illegal
occupation of the Maubere Motherland by foreign powers, the independence
of East
Timor, proclaimed on the 28th
of November 1975 by Frente Revolucionária do Timor-
Leste Independente (FRETILIN), is recognised internationally on the 20th
of May 2002.
The preparation and adoption of the Constitution of the Democratic
Republic of
East Timor is the culmination of the historical resistance of the
Timorese People
intensified following the invasion of the 7th
of December 1975.
The struggle waged against the enemy, initially under the leadership of
FRETILIN, gave way to more comprehensive forms of political
participation, particularly
in the wake of the establishment of the National Council of the Maubere
Resistance
(CNRM) in 1987 and the National Council of Timorese Resistance (CNRT) in
1998.
The Resistance was divided into three fronts.
The armed front was carried out by the glorious
Forças Armadas de Libertação
Nacional de Timor-Leste (FALINTIL) whose historical undertaking is to
be praised.
The action of the clandestine front, astutely unleashed in hostile
territory,
involved the sacrifice of thousands of lives of women and men,
especially the youth, who
fought with abnegation for freedom and independence.
The diplomatic front, harmoniously carried out all over the world,
enabled the
paving of the way for definitive liberation.
In its cultural and humane perspective, the Catholic Church in East
Timor has
always been able to take on the suffering of all the People with
dignity, placing itself on
their side in the defence of their most fundamental rights.
Ultimately, the present Constitution represents a heart-felt tribute to
all martyrs
of the Motherland.
Thus, the Members of the Constituent Assembly, in their capacity as
legitimate
representatives of the People elected on the 30th
of August 2001,
Based on the results of the referendum of the 30th
of August 1999 organised under
the auspices of the United Nations which confirmed the self-determined
will for
independence;
Fully conscious of the need to build a democratic and institutional
culture proper
appropriate to a State based on the rule of law where respect for the
Constitution, for the
laws and for democratically elected institutions constitute its
unquestionable foundation;
Interpreting the profound sentiments, the aspirations and the faith in
God of the People
of East Timor;
Solemnly reaffirm their determination to fight all forms of tyranny,
oppression,
social, cultural or religious domination and segregation, to defend
national
independence, to respect and guarantee human rights and the fundamental
rights of the
citizen, to ensure the principle of the separation of powers in the
organisation of the
State, and to establish the essential rules of multi-party democracy,
with a view to
building a just and prosperous nation and developing a society of
solidarity and
fraternity.
The Constituent Assembly, meeting in plenary session on the 22nd
of March 2002,
approves and decrees the following Constitution of the Democratic
Republic of East
Timor:
CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF EAST TIMOR
PART I
FUNDAMENTAL PRINCIPLES
Section 1
(The Republic)
1. The Democratic Republic of East Timor is a democratic, sovereign,
independent and
unitary State based on the rule of law, the will of the people and the
respect for the
dignity of the human person.
2. The 28th
of November 1975 is the Day of Proclamation of Independence of the
Democratic Republic of East Timor.
Section 2
(Sovereignty and constitutionality)
1. Sovereignty rests with the people, who shall exercise it in the
manner and form laid
down in the Constitution.
2. The State shall be subject to the Constitution and to the law.
3. The validity of the laws and other actions of the State and local
Government depends
upon their compliance with the Constitution.
4. The State shall recognise and value the norms and customs of East
Timor that are not
contrary to the Constitution and to any legislation dealing specifically
with customary
law.
Section 3
(Citizenship)
1. There shall be original citizenship and acquired citizenship in the
Democratic
Republic of East Timor.
2. The following citizens shall be considered original citizens of East
Timor, as long as
they are born in the national territory:
a) Children of father or mother born in East Timor;
b) Children of incognito parents, stateless parents or parents of
unknown nationality;
c) Children of a foreign father or mother who, being over seventeen
years old, declare
their will to become East Timorese nationals.
3. Irrespective of being born in a foreign country, children of a
Timorese father or
mother shall be considered original citizens of East Timor.
a) Children of an East Timorese father or mother living overseas;
b) Children of an East Timorese father or mother serving the State
outside the
country;
4. Acquisition, loss and reacquisition of citizenship, as well as its
registration and proof,
shall be regulated by law.
Section 4
(Territory)
1. The territory of the Democratic Republic of East Timor comprises the
land surface,
the maritime zone and the air space demarcated by the national
boundaries that
historically comprise the eastern part of Timor Island, the enclave of
Oecussi, the
island of Ataúro and the islet of Jaco.
2. The extent and limits of territorial waters and the exclusive
economic zone, and the
rights of East Timor to the adjacent seabed and continental shelf shall
be laid down in
the law.
3. The State shall not alienate any part of the East Timorese territory
or the rights of
sovereignty over the land, without prejudice to rectification of
borders.
Section 5
(Decentralisation)
1. On matters of territorial organisation, the State shall respect the
principle of
decentralisation of public administration.
2. The law shall determine and establish the characteristics of the
different territorial
levels and the administrative competencies of the respective organs.
3. Oecussi Ambeno and Ataúro shall enjoy special administrative and
economic
treatment.
Section 6
(Objectives of the State)
The fundamental objectives of the State shall be:
a) To defend and guarantee the sovereignty of the country;
b) To guarantee and promote fundamental rights and freedoms of the
citizens and
the respect for the principles of the democratic State based on the rule
of law;
c) To defend and guarantee political democracy and participation of the
people in
the resolution of national problems;
d) To guarantee the development of the economy and the progress of
science and
technology;
e) To promote the building of a society based on social justice, by
establishing
material and spiritual welfare of the citizens;
f) To protect the environment and to preserve natural resources;
g) To assert and value the personality and the cultural heritage of the
East Timorese
people;
h) To promote the establishment and the development of relations of
friendship and
co-operation among all Peoples and States;
i) To promote the harmonious and integrated development of the sectors
and regions
and the fair distribution of the national product;
j) To create, promote and guarantee the effective equality of
opportunities between
women and men.
Section 7
(Universal Suffrage and multi-party system)
1. The people shall exercise the political power through universal,
free, equal,
direct, secret and periodic suffrage and through other forms laid down
in the
Constitution.
2. The State shall value the contribution of political parties for the
organised
expression of the popular will and for the democratic participation of
the
citizen in the governance of the country.
Section 8
(International Relations)
1. On matters of international relations, the Democratic Republic of
East Timor shall
govern itself by the principles of national independence, the right of
the Peoples
to self-determination and independence, the permanent sovereignty of the
peoples
over their wealth and natural resources, the protection of human rights,
the mutual
respect for sovereignty, territorial integrity and equality among States
and the
non-interference in domestic affairs of other States.
2. The Democratic Republic of East Timor shall establish relations of
friendship and cooperation
with all other peoples, aiming at the peaceful settlement of conflicts,
the
general, simultaneous and controlled disarmament, the establishment of a
system of
collective security and establishment of a new international economic
order capable
of ensuring peace and justice in the relations among peoples.
3. The Democratic Republic of East Timor shall maintain privileged ties
with the
countries whose official language is Portuguese.
4. The Democratic Republic of East Timor shall maintain special ties of
friendship and
co-operation with its neighbouring countries and the countries of the
region.
Section 9
(International law)
1. The legal system of East Timor shall adopt the general or customary
principles of
international law.
2. Rules provided for in international conventions, treaties and
agreements shall apply in
the internal legal system of East Timor following their approval,
ratification or
accession by the respective competent organs and after publication in
the official
gazette.
3. All rules that are contrary to the provisions of international
conventions, treaties and
agreements applied in the internal legal system of East Timor shall be
invalid.
Section 10
(Solidarity)
1. The Democratic Republic of East Timor shall extend its solidarity to
the struggle of
all peoples for national liberation.
2. The Democratic Republic of East Timor shall grant political asylum,
in accordance
with the law, to foreigners persecuted as a result of their struggle for
national and
social liberation, defence of human rights, democracy and peace.
Section 11
(Valorisation of Resistance)
1. The Democratic Republic of East Timor acknowledges and values the
historical
resistance of the Maubere People against foreign domination and the
contribution of
all those who fought for national independence.
2. The State acknowledges and values the participation of the
CatholicChurch in the
process of national liberation of East Timor.
3. The State shall ensure special protection to the war-disabled,
orphans and other
dependants of those who dedicated their lives to the struggle for
independence and
national sovereignty, and shall protect all those who participated in
the resistance
against the foreign occupation, in accordance with the law.
4. The law shall define the mechanisms for rendering tribute to the
national heroes.
Section 12
(State and religious denominations)
1. The State shall recognise and respect the different religious
denominations, which
are free in their organisation and in the exercise of their own
activities, to take place
in due observance of the Constitution and the law.
2. The State shall promote the cooperation with the different religious
denominations
that contribute to the well-being of the people of East Timor.
Section 13
(Official languages and national languages)
1. Tetum and Portuguese shall be the official languages in the
Democratic Republic of
East Timor.
2. Tetum and the other national languages shall be valued and developed
by the State.
Section 14
(National symbols)
1. The national symbols of the Democratic Republic of East Timor shall
be the flag, the
emblem and the national anthem.
2. The emblem and the national anthem shall be approved by law.
Section 15
(National Flag)
1. The National Flag is rectangular and is formed by two isosceles
triangles, the bases of
which are overlapping. One triangle is black and its height is equal to
one-third of the
length overlapped to the yellow triangle, whose height is equal to half
the length of
the Flag. In the centre of the black triangle there is a white star of
five ends, meaning
the light that guides. The white star has one of its ends turned towards
the left side
end of the flag. The remaining part of the flag is red.
2. The colours mean:
yellow – the traces of colonialism;
black – the obscurantism that needs to be overcome;
red – the struggle for national liberation;
white – peace.
PART II
FUNDAMENTAL RIGHTS, DUTIES, FREEDOMS AND GUARANTEES
TITLE I
GENERAL PRINCIPLES
Section 16
(Universality and Equality)
1. All citizens are equal before the law, shall exercise the same rights
and shall be
subject to the same duties.
2. No one shall be discriminated against on grounds of colour, race,
marital status,
gender, ethnical origin, language, social or economic status, political
or
ideological convictions, religion, education and physical or mental
condition.
Section 17
(Equality between women and men)
Women and men shall have the same rights and duties in all areas of
family, political,
economic, social and cultural life.
Section 18
(Child protection)
1. Children shall be entitled to special protection by the family, the
community and the
State, particularly against all forms of abandonment, discrimination,
violence,
oppression, sexual abuse and exploitation.
2. Children shall enjoy all rights that are universally recognised, as
well as all those that
are enshrined in international conventions commonly ratified or approved
by the
State.
3. Every child born inside or outside wedlock shall enjoy the same
rights and social
protection.
Section 19
(Youth)
1. The State shall promote and encourage youth initiatives towards the
consolidation of
national unity, reconstruction, defence and development of the country.
2. The State shall promote education, health and vocational training for
the youth as
may be practicable.
Section 20
(Senior Citizens)
1. Every senior citizen has the right to special protection by the
State.
2. The old age policy entails measures of economic, social and cultural
nature designed
to provide the elderly with opportunities for personal achievement
through active and
dignified participation in the community.
Section 21
(Disabled citizens)
1. A disabled citizen shall enjoy the same rights and shall be subject
to the same duties
as all other citizens, except for the rights and duties which he or she
is unable to
exercise or fulfil due to his or her disability.
2. The State shall promote the protection of disabled citizens as may be
practicable and
in accordance with the law.
Section 22
(East Timorese citizens overseas)
East Timorese citizens who are or live overseas shall enjoy protection
by the State for the
exercise of their rights and shall be subject to duties not incompatible
with their absence
from the country.
Section 23
(Interpretation of fundamental rights)
Fundamental rights enshrined in the Constitution shall not exclude any
other rights
provided for by the law and shall be interpreted in accordance with the
Universal
Declaration of Human Rights.
Section 24
(Restrictive laws)
1. Restriction of rights, freedoms and guarantees can only be imposed by
law in order to
safeguard other constitutionally protected rights or interests and in
cases clearly
provided for by the Constitution.
2. Laws restricting rights, freedoms and guarantees have necessarily a
general and
abstract nature and may not reduce the extent and scope of the essential
contents of
constitutional provisions and shall not have a retroactive effect.
Section 25
(State of exception)
1. Suspension of the exercise of fundamental rights, freedoms and
guarantees shall only
take place if a state of siege or a state of emergency has been declared
as provided for
by the Constitution.
2. A state of siege or a state of emergency shall only be declared in
case of effective or
impending aggression by a foreign force, of serious disturbance or
threat of serious
disturbance to the democratic constitutional order, or of public
disaster.
3. A declaration of a state of siege or a state of emergency shall be
substantiated,
specifying rights, freedoms and guarantees the exercise of which is to
be suspended.
4. A suspension shall not last for more than thirty days, without
prejudice of possible
justified renewal, when strictly necessary, for equal periods of time.
5. In no case shall a declaration of a state of siege affect the right
to life, physical
integrity, citizenship, non-retroactivity of the criminal law, defence
in a criminal case
and freedom of conscience and religion, the right not to be subjected to
torture,
slavery or servitude, the right not to be subjected to cruel, inhuman or
degrading
treatment or punishment , and the guarantee of non-discrimination.
6. Authorities shall restore constitutional normality as soon as
possible.
Section 26
(Access to courts)
Access to courts is guaranteed to all for the defence of their legally
protected rights and
interests.
Justice shall not be denied for insufficient economic means.
Section 27
(Ombudsman)
1. The Ombudsman shall be an independent organ in charge of examining
and seeking
to settle citizens’ complaints against public bodies, certifying the
conformity of the
acts with the law, preventing and initiating the whole process to remedy
injustice.
2. Citizens may present complaints concerning acts or omissions on the
part of public
bodies to the Ombudsman, who shall undertake a review, without power of
decision,
and shall forward recommendations to the competent organs as deemed
necessary.
3. The Ombudsman shall be appointed by the National Parliament through
absolute
majority votes of its members for a term of office of four years.
4. The activity the Ombudsman shall be independent from any means of
grace and legal
remedies as laid down in the Constitution and the law.
5. Administrative organs and public servants shall have the duty to
collaborate with the
Ombudsman.
Section 28
(Right to resistance and self-defence)
1. Every citizen has the right to disobey and to resist illegal orders
or orders that affect
their fundamental rights, freedoms and guarantees.
2. The right to self-defence is guaranteed to all, in accordance with
the law.
TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES
Section 29
(Right to life)
1. Human life is inviolable.
2. The State shall recognise and guarantee the right to life.
3. There shall be no death penalty in the Democratic Republic of East
Timor.
Section 30
(Right to personal freedom, security and integrity)
1. Every one has the right to personal freedom, security and integrity.
2. No one shall be arrested or detained, except under the terms clearly
provided for by
applicable law, and the order of arrest or detention should always be
presented for
consideration by the competent judge within the legal timeframe.
3. Every individual who loses his or her freedom shall be immediately
informed, in a
clear and precise manner, of the reasons for his or her arrest or
detention as well as of
his or her rights, and allowed to contact a lawyer, directly or through
a relative or a
trusted person.
4. No one shall be subjected to torture and cruel, inhuman or degrading
treatment.
Section 31
(Application of criminal law)
1. No one shall be subjected to trial, except in accordance with the
law.
2. No one shall be tried and convicted for an act that does not qualify
in the law as a
criminal offence at the moment it was committed, nor endure security
measures the
provisions of which are not clearly established in previous law.
3. Penalties or security measures not clearly provided for by law at the
moment the
criminal offence was committed shall not be enforced.
4. No one shall be tried and convicted for the same criminal offence
more than once.
5. Criminal law shall not be enforced retroactively, except if the new
law is in favour of
the accused.
6. Anyone who has been unjustly convicted has the right to a fair
compensation in
accordance with the law.
Section 32
(Limits on sentences and security measures)
1. There shall be no life imprisonment nor sentences or security
measures lasting for
unlimited or indefinite period of time in the Democratic Republic of
East Timor.
2. In case of danger as a result of mental illness, security measures
may be extended
successively by judicial decision.
3. Criminal liability is not transmissible.
4. Persons who are subjected, on conviction, to a sentence or a security
measure
involving loss of freedom remain entitled to their fundamental rights,
subject to the
limitations that necessarily derive from that conviction and from the
requirements for
its enforcement.
Section 33
(Habeas corpus)
1. Everyone who illegally loses his or her freedom has the right to
apply for habeas
corpus.
2. An application for habeas corpus shall be made by the detainee
or by any other
person in the exercise of his or her civil rights, in accordance with
the law.
3. The court shall rule on the application for habeas corpus
within 8 days at a hearing in
the presence of both parties.
Section 34
(Guarantees in criminal proceedings)
1. Anyone charged with an offence is presumed innocent until convicted.
2. An accused person has the right to select, and be assisted by, a
lawyer at all stages of
the proceedings and the law shall determine the circumstances for which
the presence
of the lawyer is mandatory.
3. Every individual is guaranteed the inviolable right of hearing and
defence in criminal
proceedings.
4. Evidence is of no effect if obtained by torture, coercion,
infringement of the physical
or moral integrity of the individual, or wrongful interference with
private life, the
home, correspondence or other forms of communication.
Section 35
(Extradition and expulsion)
1. Extradition shall only take place following a court decision.
2. Extradition on political grounds is prohibited.
3. Extradition in respect of offences punishable, under the law of the
requesting State,
by death penalty or life imprisonment or whenever there are grounds to
assume that
the person to be extradited may be subjected to torture and inhuman,
degrading and
cruel treatment, shall not be permitted.
4. An East Timorese national shall not be expelled or expatriated from
the national
territory.
Section 36
(Right to honour and privacy)
Every individual has the right to honour, good name and reputation,
protection of his or
her public image and privacy of his or her personal and family life.
Section 37
(Inviolability of home and correspondence)
1. Any person's home and the privacy of his or her correspondence and
other means of
private communication are inviolable, except in cases provided for by
law as a result
of criminal proceedings.
2. A person's home shall not be entered against his or her will, except
under the written
order of a competent judicial authority and in the cases and manner
prescribed by
law.
3. Entry into any person's home at night against his or her will is
clearly prohibited,
except in case of serious threat to life or physical integrity of
somebody inside the
home.
Section 38
(Protection of personal data)
1. Every citizen has the right to access personal data stored in a
computer system or
entered into mechanical or manual records regarding him or her, and he
or she shall
have the right to demand the purpose of such data.
2. The law shall determine the concept of personal data, as well as the
conditions
applicable to the processing thereof.
3. The processing of personal data on private life, political and
philosophical
convictions, religious faith, party or trade union membership and
ethnical origin,
without the consent of the interested person, is prohibited.
Section 39
(Family, marriage and maternity)
1. The State shall protect the family as the society’s basic unit and a
condition for the
harmonious development of the individual.
2. Every one has the right to establish and live in a family.
3. Marriage shall be based upon free consent by the parties and on terms
of full equality
of rights between spouses, in accordance with the law.
4. Maternity shall be dignified and protected, and special protection
shall be guaranteed
to all women during pregnancy and after delivery and working women shall
have the
right to be exempted from the workplace for an adequate period before
and after
delivery, without loss of remuneration or any other benefits, in
accordance with the
law.
Section 40
(Freedom of speech and information)
1. Every person has the right to freedom of speech and the right to
inform and be
informed impartially.
2. The exercise of freedom of speech and information shall not be
limited by any
sort of censorship.
3. The exercise of rights and freedoms referred to in this Section shall
be regulated
by law based on the imperative of respect for the Constitution and the
dignity of
the human person.
Section 41
(Freedom of the press and mass media)
1. Freedom of the press and other mass media is guaranteed.
2. Freedom of the press shall comprise, namely, the freedom of speech
and creativity for
journalists, the access to information sources, editorial freedom,
protection of
independence and professional confidentiality, and the right to create
newspapers,
publications and other means of broadcasting.
3. The monopoly on the mass media shall be prohibited.
4. The State shall guarantee the freedom and independence of the public
mass media
from political and economic powers.
5. The State shall guarantee the existence of a public radio and
television service that is
impartial in order to, inter-alia, protect and disseminate the
culture and the traditional
values of the Democratic Republic of East Timor and guarantee
opportunities for the
expression of different lines of opinion.
6. Radio and television stations shall operate only under a licence, in
accordance with
the law.
Section 42
(Freedom to assemble and demonstrate)
1. Everyone is guaranteed the freedom to assemble peacefully and
unarmed, without a
need for prior authorisation.
2. Everyone is recognised the right to demonstrate in accordance with
the law.
Section 43
(Freedom of association)
1. Everyone is guaranteed freedom of association provided that the
association is not
intended to promote violence and is in accordance with the law.
2. No one shall be compelled to join an association or to remain in it
against his or her
will.
3. The establishment of armed, military or paramilitary associations,
including
organisations of a racist or xenophobic nature or that promote
terrorism, shall be
prohibited.
Section 44
(Freedom of movement)
1. Every person has the right to move freely and to settle anywhere in
the national
territory.
2. Every citizen is guaranteed the right to emigrate freely and to
return to the country.
Section 45
(Freedom of conscience, religion and worship)
1. Every person is guaranteed the freedom of conscience, religion and
worship and the
religious denominations are separated from the State.
2. No one shall be persecuted or discriminated against on the basis of
his or her religious
convictions.
3. The right to be a conscientious objector shall be guaranteed in
accordance with the
law.
4. Freedom to teach any religion in the framework of the respective
religious
denomination is guaranteed.
Section 46
(Right to political participation)
1. Every citizen has the right to participate in the political life and
in the public affairs of
the country, either directly or through democratically elected
representatives.
2. Every citizen has the right to establish and to participate in
political parties.
3. The establishment and organisation of political parties shall be
regulated by law.
Section 47
(Right to vote)
1. Every citizen over the age of seventeen has the right to vote and to
be elected.
2. The exercise of the right to vote is personal and constitutes a civic
duty.
Section 48
(Right to petition)
Every citizen has the right to submit, individually or jointly with
others, petitions,
complaints and claims to organs of sovereignty or any authority for the
purpose of
defending his or her rights, the Constitution, the law or general
interests.
Section 49
(Defence of Sovereignty)
1. Every citizen has the right and the duty to contribute towards the
defence of
independence, sovereignty and territorial integrity of the country.
2. Serving in the army shall take place in accordance with the law.
TITLE III
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES
Section 50
(Right to work)
1. Every citizen, regardless of gender, has the right and the duty to
work and to choose
freely his or her profession.
2. The worker has the right to labour safety and hygiene, remuneration,
rest and
vacation.
3. Dismissal without just cause or on political, religious and
ideological grounds is
prohibited.
4. Compulsory work, without prejudice to the cases provided for under
penal legislation,
is prohibited.
5. The State shall promote the establishment of co-operatives of
production and shall
lend support to household businesses as sources of employment.
Section 51
(Right to strike and prohibition of lock-out)
1. Every worker has the right to resort to strike, the exercise of which
shall be regulated
by law.
2. The law shall determine the conditions under which services are
provided, during a
strike, that are necessary for the safety and maintenance of equipment
and facilities,
as well as minimum services that are necessary to meet essential social
needs.
3. Lock-out is prohibited.
Section 52
(Trade union freedom)
1. Every worker has the right to form or join trade unions and
professional associations
in defence of his or her rights and interests.
2. Trade union freedom is sub-divided, namely, into freedom of
establishment, freedom
of membership and freedom of organisation and internal regulation.
3. Trade unions and trade union associations shall be independent of the
State and the
employers.
Section 53
(Consumer rights)
1. Consumers have the right to goods and services of good quality, to
truthful
information and protection of their health, safety and economic
interests, and to
reparation for damages.
2. Advertising shall be regulated by law, and all forms of concealed,
indirect or
misleading advertising are prohibited.
Section 54
(Right to private property)
1. Every individual has the right to private property and can transfer
it during his or her
lifetime or on death, in accordance with the law.
2. Private property should not be used to the detriment of its social
purpose.
3. Requisitioning and expropriation of property for public purposes
shall only take place
following fair compensation in accordance with the law.
4. Only national citizens have the right to ownership of land.
Section 55
(Obligations of the taxpayer)
Every citizen with a certified income has the duty to pay tax in order
to contribute to
public revenues, in accordance with the law.
Section 56
(Social security and assistance)
1. Every citizen is entitled to social assistance and security in
accordance with the law.
2. The State shall promote, in accordance with its national resources,
the establishment
of a social security system.
3. The State shall support and supervise the activity and functioning of
institutions of
social solidarity and other non-profit institutions of recognised public
interest, in
accordance with the law.
Section 57
(Health)
1. Everyone has the right to health and medical care, and the duty to
protect and
promote them.
2. The State shall promote the establishment of a national health
service that is universal
and general. The national health service shall be free of charge in
accordance with
the possibilities of the State and in conformity with the law.
3. The national health service shall have, as much as possible, a
decentralised
participatory management.
Section 58
(Housing)
Everyone has the right to a house, both for himself or herself and for
his or her family, of
adequate size that meets satisfactory standards of hygiene and comfort
and preserves
personal intimacy and family privacy.
Section 59
(Education and culture)
1. The State shall recognise and guarantee that every citizen has the
right to education
and culture, and it is incumbent upon it to promote the establishment of
a public
system of universal and compulsory basic education that is free of
charge in
accordance with its ability and in conformity with the law.
2. Everyone has the right to equal opportunities for education and
vocational training.
3. The State shall recognise and supervise private and co-operative
education.
4. The State should ensure the access of every citizen, in accordance to
their abilities, to
the highest levels of education, scientific research and artistic
creativity.
5. Everyone has the right to cultural enjoyment and creativity and the
duty to preserve,
protect and value cultural heritage.
Section 60
(Intellectual Property)
The State shall guarantee and protect the creation, production and
commercialisation of
literary, scientific and artistic work, including the legal protection
of copyrights.
Section 61
(Environment)
1. Everyone has the right to a humane, healthy, and ecologically
balanced environment
and the duty to protect it and improve it for the benefit of the future
generations.
2. The State shall recognise the need to preserve and rationalise
natural resources.
3. The State should promote actions aimed at protecting the environment
and
safeguarding the sustainable development of the economy.
PART III
ORGANIZATION OF POLITICAL POWER
TITLE I
GENERAL PRINCIPLES
Section 62
(Source and exercise of political power)
Political power lies with the people and is exercised in accordance with
the terms of the
Constitution.
Section 63
(Participation by citizens in political life)
1. Direct and active participation by men and women in political life is
a requirement of,
and a fundamental instrument for consolidating, the democratic system.
2. The law shall promote equality in the exercise of civil and political
rights and nondiscrimination
on the basis of gender for access to political positions.
Section 64
(Principle of Renewal)
No one shall hold any political office for life, or for indefinite
periods of time.
Section 65
(Elections)
1. Elected organs of sovereignty and of local government shall be chosen
by free, direct,
secret, personal and regular universal suffrage.
2. Registration of voters shall be compulsory and officially initiated,
single and
universal, to be up-dated for each election.
3. Electoral campaigns shall be governed in accordance with the
following principles:
a) Freedom to canvass;
b) Equality of opportunity and treatment for all candidacies;
c) Impartiality towards candidacies on the part of public bodies;
d) Transparency and supervision of electoral expenses.
4. Conversion of the votes into mandates shall observe the principle of
proportional
representation;
5. The electoral process shall be regulated by law.
6. Supervision of voters’ registration and electoral acts shall be
incumbent upon an
independent organ, the competences , composition , organization and
functioning of
which shall be established by law.
Article 66
(Referendum)
1. Voters who are registered in the national territory may be called
upon to express their
opinions in a referendum on issues of relevant national interest.
2. A referendum shall be called by the President of the Republic,
following a proposal
by one third, and deliberation approved by a two thirds majority, of the
Members of
the National Parliament, or following a well-founded proposal by the
Government.
3. Matters falling under the exclusive competence of the Parliament, the
Government
and the Courts as defined by the Constitution shall not be the subject
of a referendum.
4. A referendum shall only be binding where the number of voters is
higher than half of
the registered electors .
5. The process of a referendum shall be defined by law.
Section 67
(Organs of Sovereignty)
The organs of sovereignty shall comprise the President of the Republic,
the National
Parliament, the Government and the Courts.
Section 68
(Incompatibilities)
1. The holding of the offices of President of the Republic, Speaker of
the National
Parliament, President of the Supreme Court of Justice, President of the
High
Administrative, Tax and Audit Court, Prosecutor-General and member of
Government shall be incompatible with one another.
2. The law shall define other incompatibilities.
Section 69
(Principle of separation of powers)
Organs of sovereignty, in their reciprocal relationship and exercise of
their functions,
shall observe the principle of separation and interdependence of powers
established in the
Constitution.
Section 70
(Political parties and the right of opposition)
1. Political parties shall participate in organs of political power in
accordance with their
democratic representation based on direct and universal suffrage.
2. The right of political parties to democratic opposition, as well as
the right to be
informed regularly and directly on the progress of the main issues of
public interest,
shall be recognised.
Section 71
(Administrative organisation)
1. The central government should be represented at the different
administrative levels of
the country.
2. Oecussi Ambeno shall be governed by a special administrative policy
and economic
regime.
3. Ataúro shall enjoy an appropriate economic status.
4. The political and administrative organisation of the territory of the
Democratic
Republic of East Timor shall be defined by law.
Article 72
(Local government)
1. Local government is constituted by corporate bodies vested with
representative
organs, with the objective of organising the participation by citizens
in solving the
problems of their own community and promoting local development without
prejudice
to the participation by the State.
2. The organisation, competence, functioning and composition of the
organs of local
government shall be defined by law.
Section 73
(Publication of legislation and decisions)
1. Legislation and decisions shall be published by the organs of
sovereignty in the
official gazette.
2. Failure to publish any of the legislation or decisions specified in
item 1 above or
decisions of a general nature taken by the organs of sovereignty or
local government
shall render them null and void.
3. The form of publication of other legislation and decisions, and the
consequences of
the failure to do so, shall be determined by law.
TITLE II
PRESIDENT OF THE REPUBLIC
CHAPTER I
STATUS, ELECTION AND APPOINTMENT
Section 74
(Definition)
1. The President of the Republic is the Head of State and the symbol and
guarantor
of national independence and unity of the State and of the smooth
functioning of
democratic institutions.
2. The President of the Republic is the Supreme Commander of the Defence
Force.
Section 75
(Eligibility)
1. To stand as presidential candidates, East Timorese citizens should
meet each of
the following requirements cumulatively:
a) original citizenship;
b) at least 35 (Thirty -five) years of age;
c) to be in possession of his or her full faculties;
d) to be proposed by a minimum of five thousand voters.
2. The President of the Republic has a term of office of 5 years and
shall cease his or
her functions with the swearing-in of the new President-elect.
3. The President of the Republic's term of office may be renewed only
once.
Section 76
(Election)
1. The President of the Republic shall be elected by universal, free,
direct, secret,
and personal suffrage.
2. The election of the President of the Republic shall be conducted
through the
system based on the majority of validly expressed votes, excluding blank
votes.
3. Where no candidate gets more than half of the votes, a second round
shall take
place on the 30th
day following the first voting.
4. Only the two candidates obtaining the highest number of votes shall
be eligible to
stand in a run-off election, provided they have not withdrawn their
candidacies.
Section 77
(Inauguration and swearing-in)
1. The President of the Republic shall be sworn in by the Speaker of the
National
Parliament and shall be inaugurated in public ceremony before the
members of the
National Parliament and the representatives of the other organs of
sovereignty.
2. The inauguration shall take place on the last day of the term of
office of the outgoing
President or, in case of election due to vacancy, on the eighth day
following the
publication of the electoral results.
3. At the swearing-in ceremony, the President of the Republic shall take
the following
oath:
“I swear to God, to the people and on my honour that I will fulfil
with loyalty the
functions that have been invested in me, will abide by and enforce the
Constitution and the laws and will dedicate all my energies and
knowledge to the
defence and consolidation of independence and national unity.”
Section 78
(Incompatibilities)
The President of the Republic shall not hold any other political
position or public office
at the national level, and under no circumstances shall he or she
undertake private
assignments.
Section 79
(Criminal liability and Constitutional Obligations)
1. The President of the Republic shall enjoy immunity in the exercise of
his or her
functions.
2. The President of the Republic shall be answerable before the Supreme
Court of
Justice for crimes committed in the exercise of his or her functions and
for clear and
serious violation of his or her constitutional obligations.
3. It is the incumbent upon the National Parliament to initiate the
criminal proceedings,
following a proposal made by one-fifth, and deliberation approved by a
two-third
majority, of its Members.
4. The Plenary of the Supreme Court of Justice shall issue a judgment
within a
maximum of 30 days.
5. Conviction shall result in forfeiture of office and disqualification
from re-election.
6. For crimes not committed in the exercise of his or her functions, the
President of the
Republic shall also be answerable before the Supreme Court of Justice,
and forfeiture
of office shall only occur in case of sentence to prison.
7. In the cases provided for under the previous item, immunity shall be
withdrawn at the
initiative of the National Parliament in accordance with provisions of
item 3 of this
Section.
Section 80
(Absence)
1. The President of the Republic shall not be absent from the national
territory without
the previous consent of the National Parliament or of its Standing
Committee, if
Parliament is in recession.
2. Failure to observe provision of item 1 above shall imply forfeiture
of the office, as
provided for by the previous Section.
3. The President of the Republic's private visits not exceeding fifteen
days shall not
require the consent of the National Parliament. Nonetheless, the
President of the
Republic should notify the National Parliament of such visits in
advance.
Section 81
(Resignation of Office)
1. The President of the Republic may resign from office by message
addressed to the
National Parliament.
2. Resignation shall take effect once the message is made known to the
National
Parliament without prejudice to its subsequent publication in the
official gazette.
3. Where the President of the Republic resigns from office, he or she
shall not be
eligible to stand for presidential elections immediately after
resignation nor in the
regular elections to be held after five years.
Section 82
(Death, resignation or permanent disability)
1. In case of death, resignation or permanent disability of the
President of the Republic,
his or her functions shall be taken over on an interim basis by the
Speaker of the
National Parliament, who shall be sworn in by the Speaker a.i. of the
National
Parliament before the Members of the National Parliament and
representatives of the
organs of sovereignty.
2. Permanent disability shall be declared by the Supreme Court of
Justice, which shall
also have the responsibility to confirm the death of the President of
the Republic and
the vacancy of office resulting therefrom.
3. The election of a new President of the Republic in case of death,
resignation or
permanent disability should take place within the subsequent ninety
days, after
certification or declaration of death, resignation or permanent
disability.
4. The President of the Republic shall be elected for a new term of
office.
5. In case of refusal by the President-elected to take office or in case
of his or her death
or permanent disability, the provisions of this Section shall apply.
Section 83
(Exceptional Cases)
1. Where death, resignation or permanent disability occur in case of
imminent
exceptional situations of war or protracted emergency, or of an
insurmountable
difficulty of a technical or material nature, to be defined by law,
preventing the
holding of a presidential election by universal suffrage as provided for
by Section 76,
the new President of the Republic shall be elected by the National
Parliament from
among its members within the ninety subsequent days.
2. In the cases referred to in the previous item, the President-elect
shall serve for the
remainder of the interrupted term and he or she may run for the new
election.
Section 84
(Replacement and interim office)
1. During temporary impediment of the President of the Republic, the
presidential
functions shall be taken over by the Speaker of National Parliament or,
in case of
impediment of the latter, by his or her replacement.
2. The parliamentary mandate of the Speaker of the National Parliament
or of his or her
replacement shall be automatically suspended over the period of time in
which he or
she holds the office of President of the Republic on an interim basis.
3. The parliamentary functions of the replacing or interim President of
the Republic
shall be temporarily taken over in accordance with the Rules of
Procedures of the
National Parliament.
CHAPTER II
COMPETENCIES
Section 85
(Competencies)
It is exclusively incumbent upon the President of the Republic:
a) To promulgate statutes and order the publication of resolutions by
the National
Parliament approving agreements and ratifying international treaties and
conventions;
b) Exercise competencies inherent in the functions of Supreme Commander
of the
Defence Force;
c) To exercise the right of veto regarding any statutes within 30 days
from the date
of their receipt;
d) To appoint and swear in the Prime Minister designated by the party or
alliance of
parties with parliamentary majority after consultation with political
parties sitting
in the National Parliament;
e) To request the Supreme Court of Justice to undertake preventive
appraisal and
abstract review of the constitutionality of the rules, as well as
verification of
unconstitutionality by omission.
f) To submit relevant issues of national interest to a referendum as
laid down in
Section 66;
g) To declare the state of siege or the state of emergency following
authorisation of
the National Parliament, after consultation with the Council of State,
the
Government and the Supreme Council of Defence and Security;
h) To declare war and make peace following a Government proposal, after
consultation with the Council of State and the Supreme Council of
Defence and
Security, under authorisation of the National Parliament;
i) To grant pardons and commute sentences after consultation with the
Government;
j) To award honorary titles, decorations and merits in accordance with
the law.
Section 86
(Competencies with regard to other organs)
It is incumbent upon the President of the Republic, with regard to other
organs:
a) To chair the Supreme Council of Defence and Security;
b) To chair the Council of State;
c) To set dates for presidential and legislative elections in accordance
with the Law;
d) To request the convening of extraordinary sessions of the National
Parliament,
whenever imperative reasons of national interest so justify;
e) To address messages to the National Parliament and the country;
f) To dissolve the National Parliament in case of a serious
institutional crisis
preventing the formation of a government or the approval of the State
Budget and
lasting more than sixty days, after consultation with political parties
sitting in the
Parliament and with the Council of State, on pain of rendering the
dissolution null
and void, taking into consideration provisions of Section 100;
g) To dismiss the Government and remove the Prime Minister from office
after the
National Parliament has rejected his or her programme for two
consecutive times.
h) To appoint, swear in and remove Government Members from office,
following a
proposal by the Prime-Minister, in accordance with item 2, Section 106;
i) To appoint two members for the Supreme Council of Defence and
Security;
j) To appoint the President of the Supreme Court of Justice and swear in
the
President of the High Administrative, Tax and Audit Court;
k) To appoint the Prosecutor-General for a term of four years;
l) To appoint and dismiss the Deputy Prosecutor-General s in accordance
with item
6, Section 133;
m) To appoint and dismiss, following proposal by the Government, the
General Chief
of Staff of the Defence Force, the Deputy General Chief of Staff of the
Defence
Force, and the Chiefs of Staff of the Defence Force, after consultation
with the
General Chief of Staff regarding the latter two cases;
n) To appoint five Members for the Council of State;
o) To appoint one member for the Superior Council for the Judiciary and
for the
Superior Council for the Public Prosecution.
Section 87
(Competencies with regard to International Relations)
It is incumbent upon the President of the Republic, in the field of
international relations:
a) To declare war in case of effective or imminent aggression and make
peace,
following proposal by the Government, after consultation with the
Supreme
Council for Defence and Security and following authorisation of the
National
Parliament or of its Standing Committee.
b) To appoint and dismiss ambassadors, permanent representatives and
special
envoys, following proposal by the Government;
c) To receive credential letters and accredit foreign diplomatic
representatives;
d) Conduct, in consultation with the Government, any negotiation process
towards
the completion of international agreements in the field of defence and
security.
Section 88
(Promulgation and veto)
1. Within thirty days after receiving any statute from the National
Parliament for the
purpose of its promulgation as law, the President of the Republic shall
either
promulgate the statute or exercise the right of veto, in which case he
or she, based
on substantive grounds, shall send a message to the National Parliament
requesting a new appraisal of the statute.
2. If, within ninety days, the National Parliament confirms its vote by
an absolute
majority of its Members in full exercise of their functions, the
President of the
Republic shall promulgate the statute within eight days after receiving
it.
3. However, a majority of two-thirds of the Members present shall be
required to
ratify statutes on matters provided for in Section 95 where that
majority exceeds
an absolute majority of the Members in full exercise of their functions.
4. Within forty days after receiving any statute from the Government for
the purpose
of its promulgation as law, the President of the Republic shall either
promulgate
the instrument or exercise the right of veto by way of a written
communication to
the Government containing the reasons for the veto.
Section 89
Powers of an interim President of the Republic
An interim President of the Republic does not have any of the powers
specified in
following items f), g), h), i), j), k), l), m), n) and o) of Section 86.
CHAPTER III
COUNCIL OF STATE
Section 90
(Council of State)
1. The Council of State is the political advisory body of the President
of the Republic
and shall be headed by him or herself.
2. The Council of State shall comprise:
a) Former Presidents of the Republic who were not removed from office;
b) The Speaker of the National Parliament;
c) The Prime Minister;
d) Five citizens elected by the National Parliament in accordance with
the
principle of proportional representation and for the period
corresponding
to the legislative term, provided that they are not members of the
organs
of sovereignty.
e) Five citizens designated by the President of the Republic for the
period
corresponding to the term of office of the President, provided that they
are not members of the organs of sovereignty.
Section 91
(Competence, organisation and functioning of the Council of State)
1. It is incumbent upon the Council of State to:
a) Express its opinion on the dissolution of the National Parliament;
b) Express its opinion on the dismissal of the Government;
c) Express its opinion on the declaration of war and the making of
peace;
d) Express its opinion on any other cases set out in the Constitution
and advise
the President of the Republic in the exercise of his or her functions,
as
requested by the President;
e) To draft its Rules of Procedures;
2. The meetings of the Council of State shall not be open to the public.
3. The organisation and functioning of the Council of State shall be
established by law.
TITLE III
NATIONAL PARLIAMENT
CHAPTER I
STATUS AND ELECTION
Section 92
(Definition)
The National Parliament is the organ of sovereignty of the Democratic
Republic of East
Timor that represents all Timorese citizens and is vested with
legislative supervisory and
political decision making powers.
Section 93
(Election and composition)
1. The National Parliament shall be elected by universal, free, direct,
equal, secret and
personal suffrage.
2. The National Parliament shall be made up of a minimum of fifty-two
and a maximum
of sixty-five Members.
3. The law shall establish the rules relating to constituencies,
eligibility conditions,
nominations and electoral procedures.
4. Members of the National Parliament shall have a term of office of
five years.
Section 94
(Immunities)
1. The Members of National Parliament shall not be held liable for
civil, criminal or
disciplinary proceedings in regard to votes and opinions expressed by
them while
performing their functions.
2. Parliamentary immunities may be withdrawn in accordance with the
Rules of
Procedures of the National Parliament.
CHAPTER II
COMPETENCE
Section 95
(Competence of the National Parliament)
1. It is incumbent upon the National Parliament to make laws on basic
issues of the
country’s domestic and foreign policy.
2. It is exclusively incumbent upon the National Parliament to make laws
on:
a) The borders of the Democratic Republic of East Timor, in accordance
with
Section 4;
b) The limits of the territorial waters, of the exclusive economic area
and of the
rights of East Timor to the adjacent area and the continental shelf;
c) National symbols, in accordance with item 2 of Section 14;
d) Citizenship;
e) Rights, freedoms and guarantees;
f) The status and capacity of the person, family law and inheritance
law;
g) Territorial division;
h) The electoral law and the referendum system;
i) Political parties and associations;
j) The status of Members of the National Parliament;
k) The status of office holders in the organs of State;
l) The bases for the education system;
m) The bases for the health and social security system;
n) The suspension of constitutional guarantees and the declaration of
the state of
siege and the state of emergency;
o) The Defence and Security policy;
p) The tax policy;
q) The budget system.
3. It is also incumbent upon the National Parliament:
a) To ratify the appointment of the President of the Supreme Court of
Justice and
of the High Administrative, Tax and Audit Court;
b) To deliberate on progress reports submitted by the Government;
c) To elect one member for the Superior Council for the Judiciary and
the
Superior Council for the Public Prosecution;
d) To deliberate on the State Plan and Budget and the execution report
thereof;
e) To monitor the execution of the State budget;
f) To approve and denounce agreements and ratify international treaties
and
conventions;
g) To grant amnesty;
h) To give consent to trips by the President of the Republic on State
visits;
i) To approve revisions of the Constitution by a majority of two-thirds
of the
Members of Parliament;
j) To authorise and confirm the declaration of the state of siege or the
state of
emergency;
k) To propose to the President of the Republic the submission to
referendum of
issues of national interest.
4. It is also incumbent upon the National Parliament:
a) To elect its Speaker and other members of the Chair;
b) To elect five members for the Council of State;
c) To prepare and approve its Rules of Procedure;
d) To set up the Standing Committee and establish the other
parliamentary Committees.
Section 96
(Legislative authorisation)
1. The National Parliament may authorise the Government to make laws on
the
following matters:
a) Definition of crimes, sentences, security measures and their
respective
prerequisites;
b) Definition of civil and criminal procedure;
c) Organisation of the Judiciary and status of magistrates;
d) General rules and regulations for the public service, the status of
the
civil servants and the responsibility of the State;
e) General bases for the organisation of public administration;
f) Monetary system;
g) Banking and financial system;
h) Definition of the bases for a policy on environment protection and
sustainable development;
i) General rules and regulations for radio and television broadcasting
and
other mass media;
j) Civic or military service;
k) General rules and regulations for requisition and expropriation for
public purposes;
l) Means and ways of intervention, expropriation, nationalisation and
privatisation of means of production and land on grounds of public
interest, as well as criteria for the establishment of compensations in
such cases.
2. Laws authorizing legislation shall define the subject, sense, scope
and duration of the
authorisation, which may be renewed.
3. Laws on legislative authorisation shall not be used more than once
and shall lapse with
the dismissal of the Government, with the end of the legislative term or
with the
dissolution of the National Parliament.
Section 97
(Legislative initiative )
1. The power to initiate laws lies with:
2. The Members of Parliament;
3. The parliamentary groups;
4. The Government.
5. There shall be no submission of bills, draft legislation or
amendments involving, in
any given fiscal year, any increase in State expenditure or any
reduction in State
revenues provided for in the Budget or Rectifying Budgets.
6. Bills and draft legislation that have been rejected shall not be
re-introduced in the
same legislative session in which they have been tabled.
7. Bills and draft legislation that have not been voted on shall not
need to be reintroduced
in the ensuing legislative session, except in case of end of the
legislative
term.
8. Draft legislation shall lapse with the dismissal of the Government.
Section 98
(Parliamentary appraisal of statutes)
1. Statutes other than those approved under the exclusive legislative
powers of the
Government may be submitted to the National Parliament for appraisal,
for purposes
of terminating their validity or for amendment, following a petition of
one-fifth of the
Members of Parliament and within thirty days following their
publication. This
timeframe shall exclude the days when the functioning of the National
Parliament is
suspended.
2. The National Parliament may suspend, in part or in full, the force of
a statute until it is
appraised.
3. The suspension shall lapse after the National Parliament has held 10
plenary meetings
without taking a final decision.
4. Where termination of validity is approved, the statute shall cease to
be in force from
the date of the publication of the resolution in the Official Gazette,
and it shall not be
published again in the same legislative session.
5. The parliamentary appraisal of a statute shall lapse if, after such a
statute has been
submitted for appraisal, the National Parliament takes no decision on
it, or, having
decided to make amendments, it does not approve a law to that effect
before the
corresponding legislative session ends, provided fifteen plenary
meetings have been
held.
CHAPTER III
ORGANISATION AND FUNCTIONING
Section 99
(Legislative term)
1. The legislative term shall comprise five legislative sessions, and
each legislative
session shall have the duration of one year.
2. The regular period of functioning of the National Parliament shall be
defined by the
Rules of Procedure.
3. The National Parliament convenes on a regular basis following notice
by its Speaker.
4. The National Parliament convenes on an extraordinary basis whenever
so deliberated
by the Standing Committee, at the request of one third of Members or
following
notice of the President of the Republic with a view to addressing
specific issues.
5. In case of dissolution, the elected National Parliament shall
commence a new
legislative term, the length of which shall be increased by the time
needed to
complete the legislative session in progress at the date of the
election.
Section 100
(Dissolution)
1. The National Parliament shall not be dissolved during the 6 months
immediately
following its election, during the last half-year of the term of office
of the President of
the Republic or during a state of siege or a state of emergency, on pain
of rendering
the act of dissolution null and void.
2. The dissolution of the National Parliament does not affect the
continuance in office of
its Members until the first meeting of the National Parliament after the
ensuing
election.
Section 101
(Attendance by Members of the Government)
1. Members of the Government have the right to attend plenary sessions
of the National
Parliament and may take the floor as provided for in the rules of
procedures.
2. Sittings shall be fixed at which members of the Government shall be
present to
answer questions from Members of Parliament in accordance with the Rules
of
Procedure.
3. The National Parliament or its Committees may request members of the
Governments
to take part in their proceedings.
CHAPTER IV
STANDING COMMITTEE
Section 102
(Standing Committee)
1. The Standing Committee shall sit when the National Parliament is
dissolved or in
recession and in the other cases provided for in the Constitution;
2. The Standing Committee shall be presided over by the Speaker of the
National
Parliament and shall be comprised of Deputy Speakers and Parliament
Members
designated by the parties sitting in the Parliament in accordance with
their
respective representation.
3. It is incumbent upon the Standing Committee:
a) To follow-up the activities of the Government and the Public
Administration;
b) To co-ordinate the activities of the Committees of the National
Parliament;
c) To take steps for the convening of Parliament whenever deemed
necessary;
d) To prepare and organise sessions of the National Parliament;
e) To give its consent regarding trips by the President of the Republic
in
accordance with Section 80;
f) To lead relations between the National Parliament and similar
parliaments
and institutions of other countries;
g) To authorise the declaration of the state of siege or the state of
emergency.
TITLE IV
GOVERNMENT
CHAPTER I
DEFINITION AND STRUCTURE
Section 103
(Definition)
The Government is the organ of sovereignty responsible for conducting
and executing the
general policy of the country and is the supreme organ of Public
Administration.
Section 104
(Composition)
1. The Government shall comprise the Prime Minister, the Ministers and
the Secretaries
of State.
2. The Government may include one or more Deputy Prime Ministers and
Deputy
Ministers.
3. The number, titles and competencies of ministries and secretariats of
State shall be
laid down in a Government statute.
Section 105
(Council of Ministers)
1. The Council of Ministers shall comprise the Prime Minister, the
Deputy Prime
Ministers, if any, and the Ministers.
2. The Council of Ministers shall be convened and chaired by the Prime
Minister.
3. The Deputy Ministers, if any, and the Secretaries of State may be
required to attend
meetings of the Council of Ministers, without a right to vote.
CHAPTER II
FORMATION AND RESPONSIBILITY
Section 106
(Appointment)
1. The Prime Minister shall be designated by the political party or
alliance of political
parties with parliamentary majority and shall be appointed by the
President of the
Republic, after consultation with the political parties sitting in the
National
Parliament.
2. The remaining members of the Government shall be appointed by the
President of the
Republic following proposal by the Prime Minister.
Section 107
(Responsibility of the Government)
The Government shall be accountable to the President of the Republic and
to the National
Parliament for conducting and executing the domestic and foreign policy
in accordance
with the Constitution and the law.
á
Section 108
(The Programme of the Government)
1. Once appointed, the Government should develop its programme, which
should
include the objectives and tasks proposed, the actions to be taken and
the main
political guidelines to be followed in the fields of government
activity.
2. Once approved by the Council of Ministers, the Prime Minister shall,
within a
maximum of thirty days after appointment of the Government, submit the
Programme
of Government to the National Parliament for consideration.
Section 109
(Consideration of the Programme of Government)
1. The Programme of the Government shall be submitted to the National
Parliament for
consideration. Where the National Parliament is not in session, its
convening for this
purpose shall be mandatory.
2. Debate on the programme of the Government shall not exceed five days
and, prior to
its closing, any parliamentary group may propose its rejection or the
Government
may request the approval of a vote of confidence.
3. Rejection of the programme of the Government shall require an
absolute majority of
the Members in full exercise of their functions.
Section 110
(Request for vote of confidence)
The Government may request the National Parliament to take a vote of
confidence on a
statement of general policy or on any relevant matter of national
interest.
Section 111
(Vote of no confidence)
1. The National Parliament may, following proposal by one-quarter of the
Members in
full exercise of their functions, pass a vote of no confidence on the
Government with
respect to the implementation of its programme or any relevant matter of
national
interest.
2. Where a vote of no confidence is not passed, its signatories shall
not move another
vote of no confidence during the same legislative session.
Section 112
(Dismissal of the Government)
1. The dismissal of the Government shall occur when:
a) A new legislative term begins;
b) The President of the Republic accepts the resignation of the Prime
Minister;
c) The Prime Minister dies or is suffering from a permanent physical
disability;
d) Its programme is rejected for the second consecutive time;
e) A vote of confidence is not passed;
f) A vote of no confidence is passed by an absolute majority of the
Members in
full exercise of their functions;
2. The President of the Republic shall only dismiss the Prime Minister
in accordance
with the cases provided for in the previous item and when it is deemed
necessary
to ensure the regular functioning of the democratic institutions, after
consultation
with the Council of State.
Section 113
(Criminal liability of the members of Government)
1. Where a member of the Government is charged with a criminal offence
punishable
with a sentence of imprisonment for more than two years, he or she shall
be
suspended from his or her functions so that the proceedings can be
pursued.
2. Where a member of the Government is charged with a criminal offence
punishable
with a sentence of imprisonment for a maximum of two years, the National
Parliament shall decide whether or not that member of the Government
shall be
suspended so that the proceedings can be pursued.
Section 114
(Immunities for members of the Government)
No member of the Government may be detained or imprisoned without the
permission of
the National Parliament, except for a felonious crime punishable with a
maximum
sentence of imprisonment for more than two years and in flagrante
delicto.
CHAPTER III
COMPETENCIES
Section 115
(Competence of the Government)
1. It is incumbent upon the Government:
a) To define and implement the general policy of the country, following
its
approval by the National Parliament;
b) To guarantee the exercise of the fundamental rights and freedoms of
the
citizens;
c) To ensure public order and social discipline;
d) To prepare the State Plan and the State Budget and execute them
following
their approval by the National Parliament;
e) To regulate economic and social sector activities;
f) To prepare and negotiate treaties and agreements and enter into,
approve,
accede and denounce international agreements which do not fall under the
competence of the National Parliament or of the President of the
Republic;
g) To define and implement the foreign policy of the country;
h) To ensure the representation of the Democratic Republic of East Timor
in the
international relations;
i) To lead the social and economic sectors of the State;
j) To lead the labour and social security policy;
k) To guarantee the defence and consolidation of the public domain and
the
property of the State;
l) To lead and co-ordinate the activities of the ministries as well as
the activities
of the remaining institutions answerable to the Council of Ministers;
m) To promote the development of the co-operative sector and the support
for
household production;
n) To support private enterprise initiatives;
o) To take actions and make all the arrangements necessary to promote
economic
and social development and to meet the needs of the Timorese people;
p) To exercise any other competencies as provided by the Constitution
and the
law.
2. It is also incumbent upon the Government in relation with other
organs :
a) To submit bills and draft resolutions to the National Parliament;
b) To propose to the President of the Republic the declaration of war or
the
making of peace;
c) To propose to the President of the Republic the declaration of the
state of siege
or the state of emergency;
d) To propose to the President of the Republic the submission to
referendum of
relevant issues of national interest;
e) To propose to the President of the Republic the appointment of
ambassadors,
permanent representatives and special envoys;
3. The Government has exclusive legislative powers on matters concerning
its own
organisation and functioning, as well as on the direct and indirect
management of the
State.
Section 116
(Competencies of the Council of Ministers)
It is incumbent upon the Council of Ministers:
a) To define the general guidelines of the government policy as well as
those for
its implementation;
b) To deliberate on a request for a vote of confidence from the National
Parliament;
c) To approve bills and draft resolutions;
d) To approve statutes, as well as international agreements that are not
required
to be submitted to the National Parliament;
e) To approve actions by the Government that involve an increase or
decrease in
public revenues or expenditures;
f) To approve plans.
Section 117
(Competencies of members of the Government)
1. 1.It is incumbent upon the Prime Minister:
a) To be the Head of Government;
b) To chair the Council of Ministers;
c) To lead and guide the general policy of the Government and
co-ordinate the
activities of all Ministers, without prejudice to the direct
responsibility of each
Minister for his or her respective governmental department.
d) To keep the President of the Republic informed on matters of domestic
and
foreign policy of the Government;
e) To perform other duties conferred by the Constitution and the law.
2. It is incumbent upon the Ministers:
a) To implement the policy defined for their respective Ministries;
b) To ensure relations between the Government and the other organs of
the State
in the area of responsibility of their respective Ministries.
3. Government statutes shall be signed by the Prime Minister and the
Ministers in
charge of the respective subject matter.
TITLE V
COURTS
CHAPTER I
COURTS AND THE JUDICIARY
Section 118
(Jurisdiction)
1. Courts are organs of sovereignty with competencies to administer
justice in the name
of the people.
2. In performing their functions, the courts shall be entitled to the
assistance of other
authorities.
3. Court decisions shall be binding and shall prevail over the decisions
of any other
authority.
Section 119
(Independence)
Courts are independent and subject only to the Constitution and the law.
Section 120
Review of unconstitutionality
The courts shall not apply rules that contravene the Constitution or the
principles
contained therein.
Section 121
(Judges)
1. Jurisdiction lies exclusively with the judges installed in accordance
with the law.
2. In performing their functions, judges are independent and owe
obedience only to the
Constitution, the law and to their own conscience.
3. Judges have security of tenure and, unless otherwise provided for by
law, may not be
transferred, suspended, retired or removed from office.
4. To guarantee their independence, judges may not be held liable for
their judgments
and decisions, except in the circumstances provided for by law.
5. The law shall regulate the judicial organisation and the status of
the judges of the
courts of law.
Section 122
(Exclusivity)
Judges in office may not perform any other functions, whether public or
private, other
than teaching or legal research, in accordance with the law.
Section 123
(Categories of courts)
1. There shall be the following categories of courts in the Democratic
Republic of East
Timor:
a) The Supreme Court of Justice and other courts of law;
b) The High Administrative, Tax and Audit Court and other
administrative courts of first instance;
c) Military Courts.
2. Courts of exception shall be prohibited and there shall be no special
courts to judge
certain categories of criminal offence.
3. There may be Maritime Courts and Arbitration Courts.
4. The law shall determine the establishment, organisation and
functioning of the courts
provided for in the preceding items.
5. The law may institutionalise means and ways for the
non-jurisdictional resolution of
disputes.
Section 124
(Supreme Court of Justice)
1. The Supreme Court of Justice is the highest court of law and the
guarantor of a
uniform enforcement of the law, and has jurisdiction throughout the
national territory.
2. It is also incumbent on the Supreme Court of Justice to administer
justice on matters
of legal, constitutional and electoral nature.
3. The President of the Supreme Court of Justice shall be appointed by
the President of
the Republic from among judges of the Supreme Court of Justice for a
term of office
of four years.
Section 125
(Functioning and Composition)
1. The Supreme Court of Justice shall operate:
a) In sections, like a court of first instance, in the cases provided
for in the
law;
b) In plenary, like a court of second and single instance, in the cases
expressly provided for in the law;
2. The Supreme Court of Justice shall consist of career judges,
magistrates of the Public
Prosecution or jurists of recognised merit in number to be established
by law, as
follows:
a) One elected by the National Parliament;
b) And all the others designated by the Superior Council for the
Judiciary.
Section 126
(Electoral and Constitutional Competence)
1. It is incumbent upon the Supreme Court of Justice, on legal and
constitutional
matters:
a) To review and declare the unconstitutionality and illegality of
normative and
legislative acts by the organs of the State;
b) To provide an anticipatory verification of the legality and
constitutionality of
the statutes and referenda;
c) To verify cases of unconstitutionality by omission;
d) To rule, as a venue of appeal, on the suppression of norms considered
unconstitutional by the courts of instance;
e) To verify the legality regarding the establishment of political
parties and their
coalitions and order their registration or dissolution, in accordance
with the
Constitution and the law;
f) To exercise all other competencies provided for by the Constitution
or the
law.
2. It is incumbent upon the Supreme Court of Justice, in the specific
field of
elections:
a) To verify the legal requirements for candidates for the office of
President
of the Republic;
b) To certify at last instance the regularity and validity of the acts
of the
electoral process, in accordance with the respective law;
c) To validate and proclaim the results of the electoral process.
Section 127
(Eligibility)
1. Only career judges or magistrates of the Public Prosecution or
jurists of recognised
merit of East Timorese nationality may become members of the Supreme
Court of
Justice.
2. In addition to the requirements referred to in the preceding item,
the law may define
other requirements.
Section 128
(Superior Council for the Judiciary )
1. The Superior Council for the Judiciary is the organ of management and
discipline of
the judges of the courts and it is incumbent upon it to appoint, assign,
transfer and
promote the judges.
2. The Superior Council for the Judiciary shall be presided over by the
President of the
Supreme Court of Justice and shall have the following members:
a) One designated by the President of the Republic;
b) One elected by the National Parliament;
c) One designated by the Government;
d) One elected by the judges of the courts of law from among their
peers;
3. The law shall regulate the competence, organisation and functioning
of the Superior
Council for the Judiciary.
Section 129
(High Administrative, Tax and Audit Court)
1. The High Administrative, Tax and Audit Court is the highest body in
the hierarchy of
the administrative, tax and audit courts, without prejudice to the
competence of the
Supreme Court of Justice.
2. The President of the High Administrative, Tax and Audit Court is
elected from
among and by respective judges for a term of office of four years.
3. It is incumbent upon the High Administrative, Tax and Audit Court as
a single
instance to monitor the lawfulness of public expenditure and to audit
State
accounts.
4. It is incumbent upon the High Administrative, Tax and Audit Court and
the
administrative and tax courts of first instance:
a) To judge actions aiming at resolving disputes arising from legal,
fiscal and
administrative relations;
b) To judge contentious appeals against decisions made by State organs,
their
respective office holders and agents;
c) To perform all the other functions as established by law.
Section 130
(Military Courts)
1. It is incumbent upon military courts to judge in first instance
crimes of military
nature.
2. The competence, organisation, composition and functioning of military
courts shall
be established by law.
Section 131
(Court Hearings)
Court hearings shall be public, unless the court hearing a matter rules
otherwise through a
well-founded order to safeguard personal dignity or public morality and
national security,
or guarantee its own smooth operation.
CHAPTER II
PUBLIC PROSECUTORS
Section 132
(Functions and Status)
1. Public Prosecutors have the responsibility for representing the
State, prosecuting,
ensuring the defence of the underage, absentees and the disabled,
defending the
democratic legality, and promoting the enforcement of the law.
2. Public Prosecutors shall be a body of judicial officers,
hierarchically graded, and shall
be accountable to the Prosecutor-General .
3. In performing their duties, Public Prosecutors shall be subject to
legality, objectivity
and impartiality criteria, and obedience toward directives and orders as
established by
law.
4. Public Prosecutors shall be governed by their own statutes, and shall
only be
suspended, retired or dismissed under the circumstances provided for in
the law.
5. It is incumbent upon the Office of the Prosecutor-General to appoint,
assign, transfer
and promote public prosecutors and exercise disciplinary actions.
Section 133
(Office of the Prosecutor-General )
1. The Office of the Prosecutor-General is the highest authority in
public
prosecution, and its composition and competencies shall be defined by
law.
2. The Office of the Prosecutor-General shall be headed by the
Prosecutor-General ,
who, in his or her absence or inability to act, shall be replaced in
accordance with
the law.
3. The Prosecutor-General shall be appointed by the President of the
Republic for a
term of office of six years, in accordance with the terms established by
law.
4. The Prosecutor-General shall be accountable to the Head of State and
shall
submit annual reports to the National Parliament.
5. The Prosecutor-General shall request the Supreme Court of Justice to
make a
generally binding declaration of unconstitutionality of any law ruled
unconstitutional in three concrete cases.
6. Deputy Prosecutor-General s shall be appointed, dismissed or removed
from
office by the President of the Republic after consultation with the
Superior
Council for the Public Prosecution.
Section 134
(Superior Council for the Public Prosecution)
1. The Superior Council for the Public Prosecution is an integral part
of the office of the
Prosecutor-General .
2. The Superior Council for the Public Prosecution shall be headed by
the Prosecutor-
General and shall comprise the following members:
a) One designated by the President of the Republic;
b) One elected by the National Parliament;
c) One designated by the Government;
d) One elected by the magistrates of the Public Prosecution from among
their
peers.
3. The law shall regulate the competence, organisation and functioning
of the Superior
Council for the Public Prosecution.
CHAPTER III
LAWYERS
Section 135
(Lawyers)
1. Legal and judicial aid is of social interest, and lawyers and
defenders shall be
governed by this principle.
2. The primary role of lawyers and defenders is to contribute to the
good administration
of justice and the safeguard of the rights and legitimate interests of
the citizens.
3. The activity of lawyers shall be regulated by law.
Section 136
(Guarantees in the activity of lawyers)
1. The State shall, in accordance with the law, guarantee the
inviolability of documents
related to legal proceedings. No search, seizure, listing or other
judicial measures shall be
permitted without the presence of the competent magistrate and, whenever
possible, of
the lawyer concerned.
2. Lawyers have the right to contact their clients personally with
guarantees of
confidentiality, especially where the clients are under detention or
arrest in military or
civil prison centres.
TITLE VI
PUBLIC ADMINISTRATION
Section 137
(Public Administration general principles)
1. Public Administration shall aim at meeting public interest, in the
respect for the
legitimate rights and interests of citizens and constitutional
institutions.
2. The Public Administration shall be structured to prevent excessive
bureaucracy, provide
more accessible services to the people and ensure the contribution of
individuals
interested in its efficient management.
3. The law shall establish the rights and guarantees of the citizens,
namely against acts
likely to affect their legitimate rights and interests.
PART IV
ECONOMIC AND FINANCIAL ORGANISATION
TITLE I
GENERAL PRINCIPLES
Section 138
(Economic organisation)
The economic organisation of East Timor shall be based on the
combination of
community forms with free initiative and business management, as well as
on the coexistence
of the public sector, the private sector and the co-operative and social
sector of
ownership of means of production.
Section 139
(Natural resources)
1. The resources of the soil, the subsoil, the territorial waters, the
continental shelf and
the exclusive economic zone, which are essential to the economy, shall
be owned by
the State and shall be used in a fair and equitable manner in accordance
with national
interests.
2. The conditions for the exploitation of the natural resources referred
to in item 1 above
should lend themselves to the establishment of mandatory financial
reserves, in
accordance with the law.
3. The exploitation of the natural resources shall preserve the
ecological balance and
prevent destruction of ecosystems.
Section140
(Investments)
The State shall promote national investment and establish conditions to
attract foreign
investment, taking into consideration the national interests, in
accordance with the law.
Section141
(Land)
Ownership, use and development of land as one of the factors for
economic production
shall be regulated by law.
TITLE II
FINANCIAL AND TAX SYSTEM
Section 142
(Financial system)
The structure of the financial system shall be determined by the law in
such a way as to
guarantee the formation, collection and security of savings, and that
the financial
resources necessary for economic and social development are provided.
Section 143
(Central Bank)
1. The State shall establish a national central bank jointly responsible
for the definition
and implementation of the monetary and financial policy.
2. The Central Bank functions and its relationship with the National
Parliament and the
Government shall be established by law, safeguarding the management
autonomy of
the financial institution.
3. The Central Bank shall have exclusive competence for issuing the
national currency.
Section 144
(Tax System)
1. The State shall establish a tax system aimed at meeting the financial
requirements of
the State and the fair distribution of national income and wealth.
2. Taxes shall be established by law, which shall determine obligation,
tax benefits and
the guarantees of taxpayers.
Section 145
(State Budget)
1. The State Budget shall be prepared by the Government and approved by
the National
Parliament.
2. The Budget law shall provide, based on efficiency and effectiveness,
a breakdown of
the revenues and expenditures of the State, as well as preclude the
existence of secret
appropriations and funds.
3. The execution of the Budget shall be monitored by the High
Administrative, Tax and
Audit Court and by the National Parliament.
PART V
NATIONAL DEFENCE AND SECURITY
Section 146
(Defence Force)
1. The East Timor defence force, FALINTIL-ETDF, composed exclusively by
national
citizens, has the responsibility of providing military defence for the
Democratic
Republic of East Timor and shall have a single system of organisation
for the whole
national territory.
2. FALINTIL-ETDF shall guarantee national independence, territorial
integrity and the
freedom and security of the populations against any aggression or
external threat, in
respect for the constitutional order.
3. FALINTIL-ETDF shall be non-partisan and shall owe obedience to the
competent
organs of sovereignty in accordance with the Constitution and the laws,
and shall not
intervene in political matters.
Section 147
(Police and security forces)
1. The police shall defend the democratic legality and guarantee the
internal security of
the citizens, and shall be strictly non-partisan.
2. Prevention of crime shall be undertaken with due respect for human
rights.
3. The law shall determine the rules and regulations for the police and
other security
forces.
Section 148
(Superior Council for Defence and Security)
1. The Superior Council for Defence and Security is the consultative
organ of the
President of the Republic on matters relating to defence and
sovereignty.
2. The Superior Council for Defence and Security shall be headed by the
President of
the Republic and shall include civilian and military entities, the
number of civilian
entities being higher than the number of military entities.
3. The composition, organisation and functioning of the Superior Council
for Defence
and Security shall be defined by law.
PART VI
GUARANTEE AND REVISION OF THE CONSTITUTION
TITLE I
GUARANTEE OF THE CONSTITUTION
Section 149
(Anticipatory review of constitutionality)
1. The President of the Republic may request the Supreme Court of
Justice to
undertake an anticipatory review of the constitutionality of any statute
submitted
to him or her for promulgation.
2. The preventive review of the constitutionality may be requested
within twenty
days from the date on which the statute is received, and the Supreme
Court of
Justice shall hand down its ruling within twenty-five days, a time limit
that may
be reduced by the President of the Republic for reasons of emergency.
3. If the Supreme Court of Justice rules that the statute is
unconstitutional, the
President of the Republic shall submit a copy of the ruling to the
Government or
the National Parliament and request the reformulation of the statute in
accordance
with the decision of the Supreme Court of Justice.
4. The veto for unconstitutionality of a statute from the National
Parliament that has
been submitted for promulgation can be circumvented under section 88,
with the
necessary ammendments.
Section 150
(Abstract review of constitutionality)
Declaration of unconstitutionality may be requested by:
a) The President of the Republic;
b) The Speaker of the National Parliament;
c) The Prosecutor-General , based on the refusal by the courts, in three
concrete cases, to apply a statute deemed unconstitutional;
d) The Prime Minister;
e) One fifth of the Members of the National Parliament;
f) The Ombudsman.
Section 151
(Unconstitutionality by omission)
The President of the Republic, the Prosecutor-General and the Ombudsman
may request
the Supreme Court of Justice to review the unconstitutionality by
omission of any
legislative measures deemed necessary to enable the implementation of
the constitutional
provisions.
Section 152
(Appeals on constitutionality)
1. The Supreme Court of Justice has jurisdiction to hear appeals against
any of the
following court decisions:
a) Decisions refusing to apply a legal rule on the grounds of
unconstitutionality;
b) Decisions applying a legal rule the constitutionality of which was
challenged during the proceedings.
2. An appeal under paragraph (1) (b) may be brought only by the party
who raised
the question of unconstitutionality.
3. The regime for filing appeals shall be regulated by law.
Section 153
(Decisions of the Supreme Court of Justice)
Decisions of the Supreme Court of Justice shall not be appealable and
shall be published
in the official gazette. They shall have a general binding effect on
processes of abstract
and concrete monitoring, when dealing with unconstitutionality.
TITLE II
CONSTITUTONAL REVISION
Section 154
(Initiative and time of revision)
1. It is incumbent upon Members of Parliament and the Parliamentary
Groups to initiate
constitutional revision.
2. The National Parliament may revise the Constitution after six years
have elapsed
since the last date on which a law revising the Constitution was
published.
3. The period of six years for the first constitutional review shall
commence on the day
the present Constitution enters into force.
4. The National Parliament, regardless of any timeframe, may take on
powers to revise
the Constitution by a majority of four-fifths of the Members of
Parliament in full
exercise of their functions.
5. Proposals for revision should be submitted to the National Parliament
one hundred
and twenty days prior to the date of commencement of debate.
6. After submission of a proposal for constitutional revision under the
terms of item 5
above, any other proposal shall be submitted within 30 days.
Section 155
(Approval and promulgation)
1. Amendments to the Constitution shall be approved by a majority of
two-thirds of the
Members of Parliament in full exercise of their functions.
2. The new text of the Constitution shall be published together with the
revision law.
3. The President of the Republic shall not refuse to promulgate a
revision law.
Section 156
(Limits on matters of revision)
1. Laws revising the Constitution shall respect:
a) National independence and the unity of the State;
b) The rights, freedoms and guarantees of citizens;
c) The republican form of government;
d) The separation of powers;
e) The independence of the courts;
f) The multi-party system and the right of democratic opposition;
g) The free, universal, direct, secret and regular suffrage of the
office holders
of the organs of sovereignty, as well as the system of proportional
representation;
h) The principle of administrative deconcentration and decentralisation;
i) The National Flag;
j) The date of proclamation of national independence.
2. Paragraphs c) and i) may be reviewed through a national referendum,
in accordance
with the law.
Section 157
(Limits on time of revision)
No action may be taken to revise the Constitution during a state of
siege or a state of
emergency.
PART VII
FINAL AND TRANSITIONAL PROVISIONS
Section 158
(Treaties, agreements and alliances)
1. Confirmation, accession and ratification of bilateral and
multilateral conventions,
treaties, agreements or alliances that took place before the entry into
force of the
present Constitution shall be decided upon by the respective competent
bodies on a
case-by-case basis.
2. The Democratic Republic of East Timor shall not be bound by any
treaty, agreement
or alliance entered into prior to the entry into force of the
Constitution which is not
confirmed or ratified or adhered to, pursuant to item 1 above.
3. The Democratic Republic of East Timor shall not recognise any acts or
contracts
concerning the natural resources referred to in item 1 of Section 139
entered into or
undertaken prior to the entry into force of the Constitution which are
not confirmed
by the competent bodies after the Constitution enters into force.
Section 159
(Working Languages)
Indonesian and English shall be working languages within civil service
side by side with
official languages as long as deemed necessary.
Section 160
(Serious Crimes)
Acts committed between the 25th
of April 1974 and the 31st
of December 1999 that can
be considered crimes against humanity of genocide or of war shall be
liable to criminal
proceedings with the national or international courts.
Section 161
(Illegal appropriation of assets )
Illegal appropriation of mobile and fixed assets that took place before
the entry into force
of the present Constitution is considered crime and shall be resolved as
provided for in
the Constitution and the law.
Section 162
(Reconciliation)
1. It is incumbent upon the Commission for Reception, Truth and
Reconciliation to
discharge functions conferred to it by UNTAET Regulation No. 2001/10.
2. The competencies, mandate and objectives of the Commission shall be
redefined by
the Parliament whenever necessary.
Section 163
(Transitional judicial organization)
1. The collective judicial instance existing in East Timor, composed of
national and
international judges with competencies to judge serious crimes committed
between
the 1st
of January and the 25th
of October 1999, shall remain operational for the time
deemed strictly necessary to conclude the cases under investigation.
2. The judicial Organization existing in East Timor on the day the
present Constitution
enters into force shall remain operational until such a time as the new
judicial system
is established and starts its functions.
Section 164
(Transitional competence of the Supreme Court of Justice)
1. After the Supreme Court of Justice starts its functions and before
the establishment of
courts as laid down in Section 129, the respective competence shall be
exercised by
the Supreme Court of Justice and other courts of justice.
2. Until such a time as the Supreme Court of Justice is established and
starts its
functions all powers conferred to it by the Constitution shall be
exercised by the
highest judicial instance of the judicial organization existing in East
Timor.
Section 165
(Previous Law)
Laws and regulations in force in East Timor shall continue to be
applicable to all matters
except to the extent that they are inconsistent with the Constitution or
the principles
contained therein.
Section 166
(National Anthem)
Until the national anthem is approved by the ordinary law pursuant to
item 2 of Section
14 “Pátria, Pátria, Pátria , Timor -Leste a nossa nação “ shall be sung
in official
ceremonies.
Section 167
(Transformation of the Constitutional Assembly)
1. The Constitutional Assembly shall be transformed into a National
Parliament with the
entering into force of the Constitution of the Republic.
2. In its first term of office, the National Parliament shall be
comprised of eighty-eight
members on an exceptional basis.
3. The Speaker of the Constituent Assembly shall remain in office until
such a time as
the National Parliament elects its Speaker as provided for in the
Constitution.
Section 168
(Second Transitional Government)
The Government appointed under UNTAET Regulation No. 20012/28 shall
remain in
office until such a time as the first constitutional Government is
appointed and sworn in
by the President of the Republic , as provided for in the Constitution.
Section 169
(Presidential Election of 2002)
The President elected under UNTAET Regulation No. 2002/01 shall take on
the
competencies and fulfil the mandate provided for in the Constitution.
Section 170
(Entry into force of the Constitution)
The Constitution of the Democratic Republic of East Timor shall enter
into force on the
20th
of May of 2002.
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